Article 132 of The Constitution of India
Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases.
- (1)An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, 3[if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.
↩1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso (w.e.f. 1-11-1956).
↩2.Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).
↩3.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the High Court certifies" (w.e.f. 1-8-1979).
1(2) *
- (3)Where such a certificate is given, 2* any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided 2*. Explanation.—For the purposes of this article, the expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
Summary
- An appeal can be made to the Supreme Court from a High Court judgment if the High Court certifies it involves a substantial question of law about the Constitution.
- This rule applies to civil, criminal, or other types of proceedings.
- Once certified, any party in the case can appeal to the Supreme Court arguing that the constitutional question was wrongly decided.
- A final order includes an order deciding an issue that would be enough to finally dispose of the case if decided in the appellant's favour.
Practical examples
FAQ
1. Under Article 132 of The Constitution of India, can any High Court judgment be appealed to the Supreme Court?
No, under Article 132 of The Constitution of India, the High Court must certify that the case involves a substantial question of law as to the interpretation of the Constitution.
2. Does Article 132 of the Indian Constitution apply only to criminal cases?
No, Article 132 of the Indian Constitution applies broadly to civil, criminal, or other proceedings.
3. What does final order mean in Article 132 of the Constitution?
In Article 132 of the Constitution, a final order includes an order deciding an issue which, if decided in the appellant's favour, would be sufficient for the final disposal of the case.
Test yourself
1.Under Article 132 of The Constitution of India, what is required from the High Court for an appeal to lie to the Supreme Court?
2.According to Article 132 of the Indian Constitution, which types of proceedings can be appealed to the Supreme Court?
3.What specific ground can a party urge when appealing under Article 132 of the Constitution document?
4.How does the Explanation in Article 132 of The Constitution of India define a final order?